| A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE |
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| Licensee/Company: Entity receiving Software. |
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| Effective Date: Date of delivery of the Software to You. |
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| Software: JavaBeans Activation Framework 1.1.1. |
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| License Term: Perpetual (subject to termination under the SLA). |
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| Licensed Unit: Software Copy. |
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| Licensed unit Count: Unlimited. |
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| Permitted Uses: |
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| 1. You may reproduce and use the Software for Individual, Commercial, |
| or Research and Instructional Use for the purposes of designing, |
| developing, testing, and running Your applets and |
| application("Programs"). |
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| 2. Subject to the terms and conditions of this Agreement and |
| restrictions and exceptions set forth in the Software's documentation, |
| You may reproduce and distribute portions of Software identified as a |
| redistributable in the documentation ("Redistributable"), provided |
| that: |
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| (a) you distribute Redistributable complete and unmodified and only |
| bundled as part of Your Programs, |
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| (b) your Programs add significant and primary functionality to the |
| Redistributable, |
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| (c) you distribute Redistributable for the sole purpose of running your |
| Programs, |
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| (d) you do not distribute additional software intended to replace any |
| component(s) of the Redistributable, |
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| (e) you do not remove or alter any proprietary legends or notices |
| contained in or on the Redistributable. |
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| (f) you only distribute the Redistributable subject to a license |
| agreement that protects Sun's interests consistent with the terms |
| contained in this Agreement, and |
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| (g) you agree to defend and indemnify Sun and its licensors from and |
| against any damages, costs, liabilities, settlement amounts and/or |
| expenses (including attorneys' fees) incurred in connection with any |
| claim, lawsuit or action by any third party that arises or results from |
| the use or distribution of any and all Programs and/or |
| Redistributable. |
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| 3. Java Technology Restrictions. You may not create, modify, or change |
| the behavior of, or authorize your licensees to create, modify, or |
| change the behavior of, classes, interfaces, or subpackages that are in |
| any way identified as "java", "javax", "sun" or similar convention as |
| specified by Sun in any naming convention designation. |
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| B. Sun Microsystems, Inc. ("Sun") |
| SOFTWARE LICENSE AGREEMENT |
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| READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING |
| SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO |
| THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE |
| ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING |
| THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE |
| TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE |
| OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, |
| SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. |
| IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR |
| YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT |
| ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE |
| MASTER TERMS IN RELATION TO THIS SOFTWARE. |
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| 1. Definitions. |
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| (a) "Entitlement" means the collective set of applicable documents |
| authorized by Sun evidencing your obligation to pay associated fees (if |
| any) for the license, associated Services, and the authorized scope of |
| use of Software under this Agreement. |
| |
| (b) "Licensed Unit" means the unit of measure by which your use of |
| Software and/or Service is licensed, as described in your Entitlement. |
| |
| (c) "Permitted Use" means the licensed Software use(s) authorized |
| in this Agreement as specified in your Entitlement. The Permitted Use |
| for any bundled Sun software not specified in your Entitlement will be |
| evaluation use as provided in Section 3. |
| |
| (d) "Service" means the service(s) that Sun or its delegate will |
| provide, if any, as selected in your Entitlement and as further |
| described in the applicable service listings at |
| www.sun.com/service/servicelist. |
| |
| (e) "Software" means the Sun software described in your |
| Entitlement. Also, certain software may be included for evaluation use |
| under Section 3. |
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| (f) "You" and "Your" means the individual or legal entity specified |
| in the Entitlement, or for evaluation purposes, the entity performing |
| the evaluation. |
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| 2. License Grant and Entitlement. |
| |
| Subject to the terms of your Entitlement, Sun grants you a |
| nonexclusive, nontransferable limited license to use Software for its |
| Permitted Use for the license term. Your Entitlement will specify (a) |
| Software licensed, (b) the Permitted Use, (c) the license term, and (d) |
| the Licensed Units. |
| |
| Additionally, if your Entitlement includes Services, then it will also |
| specify the (e) Service and (f) service term. |
| |
| If your rights to Software or Services are limited in duration and the |
| date such rights begin is other than the purchase date, your |
| Entitlement will provide that beginning date(s). |
| |
| The Entitlement may be delivered to you in various ways depending on |
| the manner in which you obtain Software and Services, for example, the |
| Entitlement may be provided in your receipt, invoice or your contract |
| with Sun or authorized Sun reseller. It may also be in electronic |
| format if you download Software. |
| |
| 3. Permitted Use. |
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| As selected in your Entitlement, one or more of the following Permitted |
| Uses will apply to your use of Software. Unless you have an Entitlement |
| that expressly permits it, you may not use Software for any of the |
| other Permitted Uses. If you don't have an Entitlement, or if your |
| Entitlement doesn't cover additional software delivered to you, then |
| such software is for your Evaluation Use. |
| |
| (a) Evaluation Use. You may evaluate Software internally for a period |
| of 90 days from your first use. |
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| (b) Research and Instructional Use. You may use Software internally to |
| design, develop and test, and also to provide instruction on such |
| uses. |
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| (c) Individual Use. You may use Software internally for personal, |
| individual use. |
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| (d) Commercial Use. You may use Software internally for your own |
| commercial purposes. |
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| (e) Service Provider Use. You may make Software functionality |
| accessible (but not by providing Software itself or through outsourcing |
| services) to your end users in an extranet deployment, but not to your |
| affiliated companies or to government agencies. |
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| 4. Licensed Units. |
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| Your Permitted Use is limited to the number of Licensed Units stated in |
| your Entitlement. If you require additional Licensed Units, you will |
| need additional Entitlement(s). |
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| 5. Restrictions. |
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| (a) The copies of Software provided to you under this Agreement are |
| licensed, not sold, to you by Sun. Sun reserves all rights not |
| expressly granted. (b) You may make a single archival copy of Software, |
| but otherwise may not copy, modify, or distribute Software. However if |
| the Sun documentation accompanying Software lists specific portions of |
| Software, such as header files, class libraries, reference source code, |
| and/or redistributable files, that may be handled differently, you may |
| do so only as provided in the Sun documentation. (c) You may not rent, |
| lease, lend or encumber Software. (d) Unless enforcement is prohibited |
| by applicable law, you may not decompile, or reverse engineer |
| Software. (e) The terms and conditions of this Agreement will apply to |
| any Software updates, provided to you at Sun's discretion, that replace |
| and/or supplement the original Software, unless such update contains a |
| separate license. (f) You may not publish or provide the results of any |
| benchmark or comparison tests run on Software to any third party |
| without the prior written consent of Sun. (g) Software is confidential |
| and copyrighted. (h) Unless otherwise specified, if Software is |
| delivered with embedded or bundled software that enables functionality |
| of Software, you may not use such software on a stand-alone basis or |
| use any portion of such software to interoperate with any program(s) |
| other than Software. (i) Software may contain programs that perform |
| automated collection of system data and/or automated software updating |
| services. System data collected through such programs may be used by |
| Sun, its subcontractors, and its service delivery partners for the |
| purpose of providing you with remote system services and/or improving |
| Sun's software and systems. (j) Software is not designed, licensed or |
| intended for use in the design, construction, operation or maintenance |
| of any nuclear facility and Sun and its licensors disclaim any express |
| or implied warranty of fitness for such uses. (k) No right, title or |
| interest in or to any trademark, service mark, logo or trade name of |
| Sun or its licensors is granted under this Agreement. |
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| 6. Term and Termination. |
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| The license and service term are set forth in your Entitlement(s). Your |
| rights under this Agreement will terminate immediately without notice |
| from Sun if you materially breach it or take any action in derogation |
| of Sun's and/or its licensors' rights to Software. Sun may terminate |
| this Agreement should any Software become, or in Sun's reasonable |
| opinion likely to become, the subject of a claim of intellectual |
| property infringement or trade secret misappropriation. Upon |
| termination, you will cease use of, and destroy, Software and confirm |
| compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will |
| survive termination of the Agreement. |
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| 7. Java Compatibility and Open Source. |
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| Software may contain Java technology. You may not create additional |
| classes to, or modifications of, the Java technology, except under |
| compatibility requirements available under a separate agreement |
| available at www.java.net. |
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| Sun supports and benefits from the global community of open source |
| developers, and thanks the community for its important contributions |
| and open standards-based technology, which Sun has adopted into many of |
| its products. |
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| Please note that portions of Software may be provided with notices and |
| open source licenses from such communities and third parties that |
| govern the use of those portions, and any licenses granted hereunder do |
| not alter any rights and obligations you may have under such open |
| source licenses, however, the disclaimer of warranty and limitation of |
| liability provisions in this Agreement will apply to all Software in |
| this distribution. |
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| 8. Limited Warranty. |
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| Sun warrants to you that for a period of 90 days from the date of |
| purchase, as evidenced by a copy of the receipt, the media on which |
| Software is furnished (if any) will be free of defects in materials and |
| workmanship under normal use. Except for the foregoing, Software is |
| provided "AS IS". Your exclusive remedy and Sun's entire liability |
| under this limited warranty will be at Sun's option to replace Software |
| media or refund the fee paid for Software. Some states do not allow |
| limitations on certain implied warranties, so the above may not apply |
| to you. This limited warranty gives you specific legal rights. You may |
| have others, which vary from state to state. |
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| 9. Disclaimer of Warranty. |
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| UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, |
| REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT |
| ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO |
| BE LEGALLY INVALID. |
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| 10. Limitation of Liability. |
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| TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS |
| LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR |
| SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, |
| HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR |
| RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS |
| BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's |
| liability to you, whether in contract, tort (including negligence), or |
| otherwise, exceed the amount paid by you for Software under this |
| Agreement. The foregoing limitations will apply even if the above |
| stated warranty fails of its essential purpose. Some states do not |
| allow the exclusion of incidental or consequential damages, so some of |
| the terms above may not be applicable to you. |
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| 11. Export Regulations. |
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| All Software, documents, technical data, and any other materials |
| delivered under this Agreement are subject to U.S. export control laws |
| and may be subject to export or import regulations in other countries. |
| You agree to comply strictly with these laws and regulations and |
| acknowledge that you have the responsibility to obtain any licenses to |
| export, re-export, or import as may be required after delivery to you. |
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| 12. U.S. Government Restricted Rights. |
| |
| If Software is being acquired by or on behalf of the U.S. Government or |
| by a U.S. Government prime contractor or subcontractor (at any tier), |
| then the Government's rights in Software and accompanying documentation |
| will be only as set forth in this Agreement; this is in accordance with |
| 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) |
| acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD |
| acquisitions). |
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| 13. Governing Law. |
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| Any action related to this Agreement will be governed by California law |
| and controlling U.S. federal law. No choice of law rules of any |
| jurisdiction will apply. |
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| 14. Severability. |
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| If any provision of this Agreement is held to be unenforceable, this |
| Agreement will remain in effect with the provision omitted, unless |
| omission would frustrate the intent of the parties, in which case this |
| Agreement will immediately terminate. |
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| 15. Integration. |
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| This Agreement, including any terms contained in your Entitlement, is |
| the entire agreement between you and Sun relating to its subject |
| matter. It supersedes all prior or contemporaneous oral or written |
| communications, proposals, representations and warranties and prevails |
| over any conflicting or additional terms of any quote, order, |
| acknowledgment, or other communication between the parties relating to |
| its subject matter during the term of this Agreement. No modification |
| of this Agreement will be binding, unless in writing and signed by an |
| authorized representative of each party. |
| |
| Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, |
| California 95054 if you have questions. |